STATE OF KERALA Vs. M.T. PHILIP

JUDGEMENT

(1.) THIS appeal is filed by the respondents in the original petition. The original petition is filed by the first respondent herein challenging Ext. P18 communication dated 25/06/2002 issued by the Senior Accounts Officer from the Accountant General's Office intimating the Government that no monetary benefit would be granted to the petitioner from the date of regularization of his promotion as Assistant Commandant and Deputy Commandant from 06/10/1976 and 13/11/1981 respectively unless specific orders are passed by the Government. Petitioner also prayed for directing the respondents to disburse the full pay and allowances and other service benefits for the regularised period of service.

(2.) THE petitioner died during the pendency of the original petition and his legal heirs have been impleaded as respondents 2 to 4.

(3.) EXT . P1 came to be challenged in a writ petition filed by certain others and by judgment dated 01/04/1991 in O.P. No. 10376 of 1998, this Court upheld Ext. P1 order. Pursuant to Ext. P1, petitioner was promoted to the post of Assistant Commandant and Deputy Commandant respectively by Government order dated 18/06/1992 and 05/5/1993 temporarily. Subsequently, by Ext. P3 Government order dated 30/01/1996, promotions of the petitioner to the cadre of Assistant Commandant and Deputy Commandant was regularised with effect from 06/10/1976 and 13/11/1981 respectively. In the meantime, when an opportunity came, based on his promotions, petitioner claimed that he should be considered for selection to Indian Police Service. He filed O.P. No. 14317 of 1996 seeking for a direction that his promotion should not be treated as notional. This Court, by judgment dated 30/10/1996 observed that the petitioner is entitled to get the benefits of his promotions as Assistant Commandant with effect from 06/10/1976 and Deputy Commandant with effect from 13/10/1981 for the purpose of consideration for appointment by promotion to the Indian Police Service. By Government order dated 24/12/1996 produced as Ext. P6, he was confirmed in the post of Assistant Commandant with effect from 06/10/1977. By Ext. P7 dated 10/11/1997, Government informed the Superintendent of Police indicating that the notional service of the petitioner will have to be treated as continuous service for the purpose of seniority, fixation of pay and promotion. Petitioner retired from service on superannuation with effect from 30/04/1997. His complaint is regarding non -payment of pay and allowances for the regularised period of service. He claimed full pay and allowances for the period as Armed Police Inspector from 01/05/1967 to 05/10/1976, as Assistant Commandant from 06/10/1976 to 30/06/1977 and from 01/07/1977 to 12/11/1981 after deducting the salary already drawn, and as Deputy Commandant from 13/11/1981 to 01/07/1992 after deducting the salary already drawn. He submitted Ext. P11 representation on 10/07/1995 which was repeated by Ext. P12 dated 01/08/1998. Several reminders were also sent and ultimately petitioner was informed by Ext. P17 dated 17/05/2002 that the matter was referred to the Accountant General's office. Ext. P18 is the reply from the Accountant General's office. Petitioner also relies upon Ext. P19 an order passed by the Government in respect of one Shambudevan, Driver who was given the benefits taking into account his initial appointment in MSP III Battalion from 06/04/1965.